On The Anti-monopoly Law To Damage Compensation And Civil Law Segmentation

There are significant differences between the damage compensationsin the Anti-trust law and Civil law. Firstly, these two systems havedifferent objectives and functions: the civil damage compensation systemaims to save the rights, but the latter wants to save not the rights but thelegal interests. The basic function of civil damage compensation isreparation and that of antitrust law damage compensation is to induce theprivate to participate in the implementation of the antitrust law. Secondly,the constituent elements of the antitrust law damage compensation andthe civil damage compensation elements are also different, especially, notall people can gain compensation in the antitrust law but it is impossiblein the civil damage compensation. Thirdly, there are some differencesbetween the realization of anti-trust law damage compensation and civildamage compensation such as: their degrees of the interfering of lawcourts, authorities and litigation. Because of these differences, therefore,it doesn't exist the possibility of coincidence between anti-trust damagecompensation and civil damage compensation. In other words, in order toobtain damage compensation of the anti-trust law, the Civil Law can't beused as the base but only the Anti-trust Law can be chosen. In the draft ofthe Anti-trust Law of China, the regulation related to the damagecompensation is not only simple but also short of maneuverability,moreover, there is another serious shortage, that is to make anti-trust lawdamage compensation as a kind of civil obligation so that it make theCivil Law as the legal base of anti-trust law damage compensationindirectly. It will damage the function of the future anti-trust law damagecompensation in our country and kill the dependant status of theAnti-trust Law. In order to achieve the function of the Anti-trust Law, thesystem of anti-trust law damage compensation should be builtreasoningly. In our country, the legal base of anti-trust law damagecompensation is the Anti-trust Law but not the Civil Law.